BHUNU
J: The applicant is a church
organisation styled The Church of God International 1932 represented by its
secretary general one Zeburon Pedzisai Nengomasha. On the other hand the
respondents are alleged to be board members of a rival breakaway rebel church
organisation also operating under the style of Gospel of God International.
The
parties are engaged in a bitter legal battle over their entitlement to the
religious shrine at Gandanzara and other church properties. In consequence
whereof, the applicant instituted legal proceedings in this court under case
number HC 4101/09, on 8 September 2009. In that application it was seeking to
interdict the respondents from using its name, visiting its shrine at
Gandanzara and from occupying or possessing its property
On
21 September the respondents filed their notice of opposition and counterclaim.
The respondents subsequently obtained a default judgment against the applicants
from MAKONI J on 28 October 2009 in the following terms:
“IT IS ORDERED THAT:
1.
The respondents be and are hereby declared to have a
right to peacefully visit and worship at the shrine.
2.
Sister Dazi Dhliwayo be and is hereby declared the
lawful president.
3.
All church members who recognize Era Tapera as the
president including Zeburon Pedzisai Nengomasha be and are hereby ordered not
to unlawfully prohibit the respondents and other church members from visiting
and worshiping at the shrine.
4.
All the applicants' purported office bearers listed in
the application be and are hereby ordered to maintain peace towards the
respondents.
5.
Each party to meet its own costs.”
The
applicant has now lodged a spirited urgent application for a provisional order
for stay of execution of the above order pending the determination of the
application for rescission of judgment under case number HC 5403/09.
The
application is vigorously opposed with the respondents raising the preliminary
point that the matter is not urgent. I tend to agree with the applicants'
objection in limine. Indeed I can perceive nothing objectionable in MAKONI J's
default order warranting that it be stayed as a matter of urgency. The order
simply requires the parties to peacefully co-exist and share the shrine which
they previously used together. The order is lawful and binding until it is set
aside.
If
the applicant feels quite strongly that the issue ought to be expedited it can
request the registrar to quickly set down the application for rescission of
judgment under case number HC 5403/09. .
For
the foregoing reasons I hold that the matter is not urgent. It is accordingly ordered that the
application be and is hereby dismissed with costs.
Venturas &
Samukange, applicant's legal practitioners
Magwaliba &
Kwirira, respondents
legal practitioners
